Q: Under Ca law if a person has an unwritten debt to a person who dies with no will is that debt now enforceable?

A: Yes, the debt is enforceable by the estate to the same extent it would have been by the person when they were alive.

A: Death does not terminate a deceased's estate from legally enforceable debts. Whether the debt is legally enforceable depends on many factors. You should seek advice from an attorney.

A: Dear San Diego:

Your question is really two. 1) How do you enforce a debt one the debtor dies; and 2) is an unwritten (oral) debt enforceable?

As to the first, a decedent's debts are enforceable against their estate (or trust.) However, if there is a probate estate, you must file a creditor's claim within the time prescribed by law. (A debtor can actually petition to open probate of a decedent's estate if no one else steps up.) And, there is a universal bar against claims one year following the date of death. (Although certain claims are exempt, primarily mortgages and governmental claims.)

The second question is more difficult. As a general rule, oral agreements are enforceable. But, it is not the question of enforcability but the question of proof that presents the problem.

Debts owed by a decedent, and their collection, are tricky issues. I suggest that you discuss your matter with an experienced attorney. If you do not know where to find an attorney, I would check with your local county bar association. Most operate an attorney referral service which provide you with a referral to an attorney for a low or no cost consultation.